P BABA SAH Vs. KGMAHOMAD HUSAIN SAHIB

JUDGEMENT

(1.) The Officiating Chief Justice.--The facts of the case are so succinctly stated in the first paragraph of the judgment of the learned Trial Judge that I cannot do better than quote therefrom. The plaintiffs are the trustees of a Hindu temple and the defendants are the worshippers at a neighbouring Muhammadan mosque. Between the two buildings there were formerly a land and some other buildings. The latter have been acquired by the temple-trustees who desire to adapt and use these buildings, for religious purposes. The worshippers at the mosque who by the plaintiffs acquisition of the intervening buildings, have been brought into proximity to the temple 0.S.A. No. 31 of 1920, 22nd September, 1921, complained to the Police of the acts of the plaintiffs in connection with the new buildings acquired by them. The Police took action under Section 144, Criminal Procedure Code. Orders were passed by the Magistrate and notifications were made by the Local Government under Sub- Section 5. These orders and notifications are set out in para. 22 of the plaint as constituting the plaintiff's cause of action together with certain further proceedings under the Magistrate's order.

(2.) The reliefs claimed by plaintiffs are .: 1. A declaration that they are entitled to use the plaint property in any way they like for purposes connected with the temple. 2. A perpetual injunction restraining defendants from interfering with them in so doing.

(3.) A declaration that the orders of the Chief Presidency Magistrate and Government are ultra vires and illegal. 3. The suit has been dismissed on the grounds (i) that plaintiffs have no cause of action and (2) that the validity of the orders of the Presidency Magistrate and Government cannot be enquired into in a suit to which only plaintiffs and defendant are parties.